Patient confidentiallity V disclosure within Royal mail.

aintsayin6766997 · Post by **aintsayin6766997** » 01 Jun 2016, 21:58

Patient confidentiallity V disclosure within Royal mail.

Having done a lot of googling this seems to be a 'grey area'.

Any ideas or info regarding the disclosure of information regarding work-related ill health between a patient and Doctor which is requested of the Royal Mail management and, if dislosed (or the requirement of disclosure) could be prejudicial to any Royal Mail shenanigans or potentially shared within the system and used prejudicially, thus breaching patient/Doctor confidentiality ?

I've not found an actual law, precedent or legal safe-guard.

Any ideas or links greatfully recieved!

IcanthelpthewayIam · Post by **IcanthelpthewayIam** » 01 Jun 2016, 22:14

All depends on which doctor you are talking about, your own gp or a doctor with oh assist

you would need to give consent to your gp for your medical records to be released to either rm or oh assist

you can't be referred to oh assist without your consent, so you give consent at the very start,

aintsayin6766997 · Post by **aintsayin6766997** » 01 Jun 2016, 23:10

Thanks zx135.

My question refers to ones own G.P and the discussions therewith and the quality of information given to the management regarding that discussion and the how that information may be used or shared within management regarding a particular case. It would also apply to OH assist though I hadn't considered that.

Its really a data protection and patient confidentiality question that I am trying to research.

For instance:

If a patient were to cite 'this and thus' as a reason for absence/sick leave and the management were to require the patient to reveal the detailed reason for absence and the patient disclosed 'this and thus'....

...how is the patient protected (if at all) legally.

1) The quality of information discussed between the patient and G.P (or OH Assist).

and

2) The amount/quality of information that needs to be dislosed for R.M. purposes.

3) The protections afforded to the patient in law.

4) Any restrictions placed upon R.M (plus any other party, corporation, business/interest)

5) How (or if at all) such information may be used by R.M (or any other corporation or interest) in profiling the patient or pursuing a potentially prejudicial case, based upon (or in part) said information either for the present or future cases.

Or, if you disclose confidential information between patient and doctor, what regulation or laws exist regarding how R.M (or any other corporation/interest) may use that information if it is disclosed?

I'll keep on looking. There must be some data protection or confidentialty frameworks or laws somewhere.

IcanthelpthewayIam · Post by **IcanthelpthewayIam** » 02 Jun 2016, 00:04

You need to simply your questions here

what do you mean by quality of Information

what do you mean by persuing a prejudicial case

what is it you are trying to find out exactly

as basically you need to consent to your records being handed over to royal mail, in doing so you would know why they have been requested and what they are being used for, as for quality of information etc, the quality is simply what's in your medical records, rm won't be talking to your gp, oh assist won't either they will simply see your medical records if you give permission to do so

IcanthelpthewayIam · Post by **IcanthelpthewayIam** » 02 Jun 2016, 00:06

You need to simply your questions here

what do you mean by quality of Information

what do you mean by persuing a prejudicial case

what is it you are trying to find out exactly

as basically you need to consent to your records being handed over to royal mail, in doing so you would know why they have been requested and what they are being used for, as for quality of information etc, the quality is simply what's in your medical records, rm won't be talking to your gp, oh assist won't either they will simply see your medical records if you give permission to do so

Post by **General Mannerheim** » 02 Jun 2016, 14:49

Surely if you had a medical report sent from your doctor to Royal Mail you would have been able to see what was written in it and amend anything that you thought was harmful or contentious?

Nondescript · Post by **Nondescript** » 03 Jun 2016, 01:14

The scummy managers at our office always let slip the reason why someone is off sick so that they are talked about with derision. Scumbags.

Sir Henry · Post by **Sir Henry** » 03 Jun 2016, 16:36

If medical records are requested by OH ASS, surely the details released to then should be confined only to the condition that is causing absence or light duties? Or do OH ASS get to have a trawl through my records looking for anything they deem fit?

aintsayin6766997 · Post by **aintsayin6766997** » 03 Jun 2016, 18:54

Sir Henry wrote:If medical records are requested by OH ASS, surely the details released to then should be confined only to the condition that is causing absence or light duties? Or do OH ASS get to have a trawl through my records looking for anything they deem fit?

...and potentially feed info back the managment.

Thats what I'm getting at.

Does the data have protections or restrictions in law?

Post by **General Mannerheim** » 03 Jun 2016, 19:52

aintsayin6766997 wrote:
Sir Henry wrote:If medical records are requested by OH ASS, surely the details released to then should be confined only to the condition that is causing absence or light duties? Or do OH ASS get to have a trawl through my records looking for anything they deem fit?
...and potentially feed info back the managment.

Thats what I'm getting at.

Does the data have protections or restrictions in law?

Don't know if this will help you but if you look at this link.http://www.acas.org.uk/media/pdf/b/l/Di ... -guide.pdf
And scroll down to Appendix 4 there is a good section dealing with medical reports at page 72/73.

aintsayin6766997 · Post by **aintsayin6766997** » 04 Jun 2016, 07:24

Thankyou General...and a brief summary of the act mentioned therein:

The Access to Medical Reports Act 1988

ACCESS TO MEDICAL REPORTS ACT 1988
This is a summary of your principal rights under the Act, which is concerned
with reports provided for employment or insurance purposes by the Doctor
who has been or is looking after you. You have three options:

Option 1: You may withhold your consent to an application for a report
from a your Doctor.

Option 2: You consent to the application for the report and indicate that
you do not wish to see the report before it is supplied. If you change your
mind after the application is made and tell the Doctor in writing he/she will
allow 21 days to elapse after such a notification so that you may arrange to
see the report (if the report has not already been supplied before you changed
your mind). Whether or not you decide to see the report before it is sent, you
have the right to ask your Doctor for a copy of the report at any time up to 6
months after it was supplied, but he/she is entitled to make a charge for this.

Option 3: You may consent to the application, but indicate your wish to
see the report before it is supplied. (You must make the necessary
arrangements with the Doctor to see the report; it will not be sent to you
automatically). arrangements with the Doctor to see the report; it will not be sent to you
automatically).

The Doctor will be informed that you wish to have access to the report and will
allow 21 days for you to see it before it is supplied to the applicant. If the
Doctor has not heard from you in writing within 21 days of the application for
the report being made he/she will assume you do not wish to see the report
and that you consent to its being supplied.

When you see the report, if there is anything in it that you consider incorrect or
misleading you can request (but this request must be in writing) that the
Doctor amends the report, but he/she is not obliged to do so. If the Doctor
refuses to amend it you may:

I. Withdraw consent for the report to be issued

II. Ask the Doctor to attach to the report a statement setting out your
own views

III. Agree to the report being issued unchanged
NOTE: The Doctor is not obliged to show you any parts of the report
that he/she believes might cause serious harm to your physical or
mental health or that of others, or show you information supplied by
others without their permission. If this is the case, the Doctor will tell
you if your access to the report is limited.

You are advised to keep this note for future reference.

rubberbond · Post by **rubberbond** » 04 Jun 2016, 18:58

Nondescript wrote:The scummy managers at our office always let slip the reason why someone is off sick so that they are talked about with derision. Scumbags.

I refuse to disclose the reason for my absence until I return to work,what if it is something embarrassing , like a STD? They do not need to know why you are off, as "all absence is treated as genuine". Their words ,not mine. Threaten to sue your management team,for defamation,that sharpens the mind. Quote Article 8 of God Human Rights Act, "a right to a private and family life". It doesn't apply to Royal Mail management,as human rights are for human beings.

ewancurze · Post by **ewancurze** » 05 Jun 2016, 23:43

Nondescript wrote:The scummy managers at our office always let slip the reason why someone is off sick so that they are talked about with derision. Scumbags.

That sounds familiar!

Reports just left on desks at our office so the night crew get to read them,I think it has been tightened up a bit recently but I hope I never get anything potentially embarrassing wrong with me.

Nondescript · Post by **Nondescript** » 12 Jun 2016, 17:30

rubberbond wrote:
Nondescript wrote:The scummy managers at our office always let slip the reason why someone is off sick so that they are talked about with derision. Scumbags.
I refuse to disclose the reason for my absence until I return to work,what if it is something embarrassing , like a STD? They do not need to know why you are off, as "all absence is treated as genuine". Their words ,not mine. Threaten to sue your management team,for defamation,that sharpens the mind. Quote Article 8 of God Human Rights Act, "a right to a private and family life". It doesn't apply to Royal Mail management,as human rights are for human beings.

They're smart enough not to utter the reason why someone is off sick themselves, the information just sort of leaks magically onto the IPS sorters and before you know it there's a full blown game of Chinese Whispers.